COMMENTARY: Can Obama Pull It Off? A Double Switch Trick With The Supreme Nominee

This past weekend America lost a great jurist who not only loved this great country but loved the Constitution. He saw his role as a jurist to interpret the Constitution but in so doing stay close to the intent of the framers. Pundits were trying to predict who the President would nominate as his replacement within hours of the death of Justice Scalia. Nobody in Washington expects the President to appoint a conservative and very few believe he will find a moderate no, the President will try to appoint the most liberal justice in the history of the court. This appointment will be without question the most important, should he be successful, in President Obama’s term. How is it possible that a Republican Senate would vote in favor of the Presidents nominee?

What you are about to read comes solely from my mind as someone who has been observing the Obama administration for the last 7 plus years. Shortly after the announcement of the death of Justice Scalia, Mitch McConnell the majority leader of the Senate said that he believed that’s the next president should fill the vacancy created by the death of Justice Scalia. Leaders and members of the Democratic Party felt differently, so they began to demand that the Senate start hearings as soon as possible after the President makes his nomination. On one hand you can’t blame the Democrats to want to change the nature of the court from 5 to 4 conservative to 5 to 4 liberal. The Democrats know that if they lose the election in November the next President could very well name 3 to 4 judges to the Supreme Court and change they way things are done for generations. They know that the fall election it truly about the court.

The Constitution is clear that the Senate must review under the advice and consent rules, the nomination of any justice to the Supreme Court. The Constitution does not set a time frame that a vacancy needs to be filled, only that the Senate must confirm the appointment. Sense it is the right of the Senate to advise the President they are well within their rights under the Constitution to tell the President, don’t submit a nomination. You will see shortly why they are saying they want the President to act quickly, but in reality I think they want a delay?

America Online was quoting on Presidents’ Day that insiders in the White House think that the President will nominate current US Attorney General. Loretta Lynch as is pick to the court. One has to ask why the President would pick a person who just barely made it through the approval process for Attorney General to go through the scrutiny for supreme court justice review?

I believe there are two reasons why this pick would make sense to the President and the Democratic Party. First, the nature of the administration and Democrats in general is that if you disagree with them and what they want to do you’re either a racist or sexist, with Attorney General Lynch he gets 2-for-1 a Female, and a black. So those people who might oppose Ms. Lynch can be called racist and or sexist. I believe that if he puts her name in nomination there is every possibility that Ms. Lynch will resign her position as Attorney General so that she could devote full-time on her confirmation process.

If this were to happen the President will be required under the advice and consent rules to submit a new name for Attorney General, but here is my question is if the FBI is ready to make an indictment recommendation on Mrs. Clinton with no attorney general who do they give it to? Will the FBI be required to withhold its indictment until a new Attorney General can’t be named and go through the confirmation process?

Is there enough time for the Senate to vet an Attorney General and the Supreme Court Justice before the election? It is possible that there could be a temporary attorney general who could receive the indictment from the FBI, but my guess is that temporary attorney general would not take on the risk of calling a grand jury to deal with the recommended indictment by the FBI.

The Republicans have an opportunity to control the approval process of any recommended candidate by the President and if they have the will they can postpone the selection of the new justice until after the presidential election. Strange things happen in Washington DC when the Democrats use sexual and racial prejudiced against the Republicans in either Houses of Congress. If what I’m suggesting happens look for a full court press by the Democrats.

If the Republicans turn over control of the Supreme Court because of their fear of being accused of racism or sexism or both, then the our country is doomed.

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Dan Perkins

Dan Perkins is a novelist who has written a trilogy on a terrorist attack against the United States. The Brotherhood of the Red Nile series is available at Amazon.com. Mr. Perkins book web site is www.danperkins.guru.

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